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C/SCA/4361/2026 JUDGMENT DATED: 30/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4361 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
========================================================== Approved for Reporting Yes No ========================================================== PRAVINSINH HIMMATSINH SOLANKI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: HL PATEL ADVOCATES(2034) for the Petitioner(s) No. 1 MR ADITYA DAVDA AGP for the Respondent(s) No. 1,2 ==========================================================
CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 30/03/2026
JUDGMENT
1. RULE returnable forthwith. Mr. Aditya Davda, learned AGP for the respondents waives service of notice of rule on behalf of the respondents. With the consent of the learned counsels for the respective parties, the present petition is taken up for 昀椀nal hearing today.
2. Present petition is 昀椀led by the petitioner under Articles 14 and 226 of the Constitution of India read with the provisions of the Arms Act, 1959 and the Arms Rules, 2016 seeking following reliefs:
“a) To issue a Writ of Certiorari, or any other appropriate writ,
C/SCA/4361/2026 JUDGMENT DATED: 30/03/2026
order, or direction, quashing and setting aside the order dated 19.08.2025 passed by Respondent No. 2 and the Order dated 07.02.2026 passed by Respondent No. 1; b) To issue a Writ of Mandamus, or any other appropriate writ,
order, or direction, directing Respondent No. 2 to forthwith e昀昀ect the jurisdictional transfer of Arms License No. LN12204A7A16622/85/ii/revo from Panchmahal to Vadodara in strict compliance with Rule 17(2) of the Arms Rules, 2016; c) Consequent to the transfer, this Hon'ble Court may be pleased to direct Respondent No. 2 to forthwith decide and grant the petitioner's renewal application dated 29.12.2023 under the Arms Act, 1959; d) Pending the admission, hearing, and 昀椀nal disposal of this petition, grant ad-interim relief staying the operation of both the First Impugned Order dated 19.08.2025 and the Second Impugned Order dated 07.02.2026; e) Pass any such other and further orders, directions, or writs as this Hon'ble Court may deem 昀椀t and proper in the facts and circumstances of the case and in the interest of justice.”
3.
Brief facts giving rise to the present petition are that, the petitioner is a retired Forest Department o昀케cial and he was granted a self-protection Arms License bearing no. LN12204A7A16622/85/ii/revo by the District Magistrate, Panchmahal in October 1989. That, the arms license was continuously renewed by the petitioner and the most recent renewal of the license extended up to 31.12.2023. That, the 昀椀rearm was con昀椀scated during an inadvertent transit incident at Dabolim Airport on 13.06.2018, from which the petitioner has been acquitted vide judgment dated 30.03.2024 passed by the JMFC “C” Court, Vasco, Goa, in Criminal Case No. AOA/1262/AA/2019/C. That, following the acquittal, the petitioner had 昀椀led an application before concerned Court for the release of
C/SCA/4361/2026 JUDGMENT DATED: 30/03/2026 the con昀椀scated revolver from muddamal custody which came to be allowed. That, the petitioner 昀椀led a formal application seeking the jurisdictional transfer of his Arms License from Panchmahal to Vadodara which came to be rejected vide order dated 19.08.2025 passed by Additional District Magistrate, Vadodara. That, the Additional District Magistrate, Panchmahal, issued the No Objection Certi昀椀cate and formally struck the license from its register. That, the petitioner 昀椀led an appeal before the Home Minister, Government of Gujarat and then re昀椀led the corrected appeal via RPAD, addressed to the Joint Secretary, Home Department. That, respondent No. 1 vide order dated 07.02.2026 summarily dismissed the statutory appeal as time barred.
4. Being aggrieved and dissatis昀椀ed with the impugned orders dated 19.08.2025 and 07.02.2026 passed by the respondent - authorities, the petitioner has preferred the present petition.
5. Heard the learned counsel for the respective parties.
6.
Learned counsel for the petitioner has submitted that the impugned orders passed by the respondent - authorities are illegal, unjust, arbitrary, erroneous and contrary to the facts and materials on record and the provisions of the Act and therefore, are required to be quashed and set aside. He has submitted the same facts which are narrated in the memo of petition and has further submitted that the petitioner seeks the valid transfer and renewal of his license for the sole purpose of retrieving his legally owned revolver from Goa police custody, transport it safely to Gujarat, and thereafter auction and lawfully dispose of it under section 21 of the Arms Act, 1959. He has urged that the
C/SCA/4361/2026 JUDGMENT DATED: 30/03/2026 impugned orders passed by the respondent - authorities are required to be quashed and set aside and the present petition is required to be allowed.
7. Mr. Davda, learned AGP for the respondents has objected the petition and submitted that the respondent - authorities have not committed any error while passing the impugned orders. He has submitted that no interference is required to be called for and the petition being meritless deserves to be dismissed.
8. I have heard the learned counsel appearing for the respective parties and perused the material placed on record. I have also considered the impugned orders passed by the respondent - authorities. Considering the submissions canvassed by both the sides and the facts of the case, it is open for the petitioner to move a fresh application seeking renewal of his arms license in accordance with law before the concerned respondent authority with the relevant documentary evidences and the concerned respondent authority shall decide the same in accordance with law as expeditiously as possible, after giving proper opportunity of hearing to the petitioner.
9. With the aforesaid conclusion, the petition is disposed of. No order as to costs.
(HEMANT M. PRACHCHHAK,J) ANUSRI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANUSRI VASU(HC02352), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 06/04/2026 17:08:21